The Court of Appeal, sitting in Makurdi, Benue State on Saturday annulled the election of the immediate past Senate President, Senator David Mark.
It also ordered the Independent National Electoral Commission (INEC) to conduct fresh elections in the Benue South senatorial district within 90 days.
Mark’s victory at the March 28th, 2015 National Assembly elections, was challenged by Daniel Onjeh of the All Progressives Congress (APC) who petitioned the Benue State elections tribunal asking for the cancellation of the election and an order detailing INEC to conduct fresh election in the district.
He claimed, among others, that INEC declared the result of the election while collation was ongoing.
Onjeh’s petition was dismissed by Justice Mosunmola Dipeolu-led tribunal on October 7 on the ground that evidences tendered before the tribunal were documentary hearsay.
However, in a unanimous judgement read by Justice Peter Ige, the appellate court on Saturday dismissed the judgement of the tribunal and upheld the plea of the appellant that Mark’s election failed substantially to meet with the provisions of paragraphs 39 and 40 of the INEC approved electoral guidelines and sections 73 and 74 of the Electoral Act 2010 as amended.
The panel also questioned the failure of the trial court to admit evidences tendered by the appellant to canvass his case and in another instance refer to the same evidence to arrive at its decision.
Justice Ige thus held that, “the lower tribunal cannot be seen to blow hot and cold at the same time. The appellant has established his case on the balance of probability. It is our considered view that the appellant’s appeal is meritorious.
“The appellant showed by oral evidence that collation of results was still ongoing a day after the declaration of results of the election in seven local government areas of the district.
“The judgement of Justice Mosunmola Dipeolu led tribunal of October 7th., 2015 dismissing the petition is nullified. Therefore the election of Senator David Mark is hereby set aside.
“INEC is by this judgement to conduct fresh senatorial election in the Benue South district within 90 days.”
A former military governor of Niger State, Mark was first elected into the Nigerian Senate in May 1999 on the platform of the Peoples Democratic Party (PDP).
The 67-year-old has been in the National Assembly since then, rising to become Senate President in 2007 and 2011.
APC’s victory in the last general elections meant the PDP no longer had majority seats, thus ending Mark’s eight-year run as Nigeria’s third citizen.
